BANSI LAL GAZTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner was appointed as Clerk in the office of Deputy Commissioner, Solan on 7.1.1977. He was confirmed on 26.11.1980. Petitioner was promoted as Junior Assistant on 1.1.1986. In the final seniority list of Clerks of the office of Deputy Commissioner, Solan as it stood on 31.3.1994, respondents No.3 to 5 are at Sr. No.5, 7 and 14 and the petitioner is at Sr. No.18. The post of Junior Assistant is in the feeder category for promotion to the post of Senior Assistant. The respondent -State has initiated the process of filling up the post of Senior Assistants. The Departmental Promotion Committee was convened which led to the promotion of respondents No. 3 and 4 vide office order dated 30.1.1996. Respondent No.5 was promoted to the post of Senior Assistant on 18.10.1996 against roster point No.28. Respondents No. 3 and 5 are from ex - servicemen category and they also belong to Scheduled Caste category.

(2.) MR . P.D. Nanda, learned counsel for the petitioner has strenuously argued that the petitioner's name was required to be considered against point No.28 for promotion to the post of Senior Assistant. According to him, as per law laid down by the Hon'ble Supreme Court of India in Rajesh Kumar Daria versus Rajasthan Public Service Commission and Others, (2007) 8 SCC 785 if a candidate is selected on his own merit, his seniority is not to be treated against the reserved quota. He has further argued that respondent No.3 was to be promoted against roster point No.20 and Shri Shyam Lal against roster point No.22 and the petitioner against roster point No.28.

(3.) I have heard learned counsel for the parties and gone through the pleadings and record carefully.